Preliminary and Permanent Injunction Granted Against the City of Erie

On February 21st, 2014, Erie Court of Common Pleas President Judge Ernest DiSantis, Jr. issued an Order granting not only Justin Dillon’s request for a preliminary injunction against the City of Erie’s Ordinance 955.06 but also his request for a permanent injunction. In the very simple Order, Judge DiSantis wrote, “AND NOW, this 21st day of February 2014, in light of the Pennsylvania Commonwealth Court’s January 7, 2014 decision, it is hereby ORDERED that the plaintiff’s request for a preliminary injunction is GRANTED. It is further ORDERED that the injunction is made permanent effective today.”

This has effectively permanently enjoined the City of Erie from enforcing Ordinance 966.05(b).

Further, in relation to the criminal charges that were pressed against Mr. Dillon and seven other individuals, at the request of the City’s assistant solicitor, Kenneth Zaks, Judge Stephanie Domitrovich nolle prossed all the charges in her Order of February 24, 2014.

A Rally in support of Justin Dillon and the seven other individuals that were cited (now known as the Erie 8) is scheduled for Saturday, April 12, 2014 at 2pm in Perry Square.

This litigation would not have been possible without the support of the NRA Civil Rights Defense Fund (CRDF), Gun Owners of America, and numerous other individuals that donated. Unfortunately, since it was necessary to appeal to the Commonwealth Court, the court costs and attorney fees are substantial. Anyone wishing to donate can do so here.

It is worth noting that since the Commonwealth Court ruled in this matter, several municipalities, such as Falls Township and Bristol Borough, have not only indefinitely tabled new firearms ordinances but additionally amended their existing regulations in compliance with Section 6120. I hope everyone will support HB 805 and HB 2011, so that Section 6120 can be amended to include for attorney fees and costs so that individuals, like Justin, will be compensated for enforcing Section 6120 against municipalities that ignore the Legislature’s dictate.

The Erie 8 are currently considering their options in relation to filing suit against the City for deprivation of their civil liberties.

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4 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

4 responses to “Preliminary and Permanent Injunction Granted Against the City of Erie

  1. thodom

    In this understated posting Josh has emphasized the legal victory without taking full credit for his good work that made it possible. All persons concerned with preserving gun rights in Pennsylvania owe him a debt of gratitude.

    Like

  2. kansas1@zoominternet.net

    I intend to be present April 12th in Erie. I would like to donate toward the court costs, but will not use Paypal. If there is a snail mail addy, kindly let me know.

    Like

  3. Pingback: Third Class City Code Reenacted with Firearm Protections | Prince Law Offices, P.C.

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